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Copyright Issues at MSU: Responding to DMCA Complaints - TB177

This item provides information on these topics:

  1. Overview
  2. Respond to the DMCA complaint you received
  3. What is a Counter Notice?
  4. Sample notification email
  5. Sample responses to a complaint
  6. AU Hotline contact info

Overview

It is a serious violation of MSU's Statement of Acceptable Use AND federal law to share copyrighted files from your computer. If Michigan State University receives a complaint that you have been sharing copyrighted files from your computer system you will likely lose access to the internet (possibly for an extended period of time) and may face additional disciplinary actions. More information is provided below.

If MSU receives a complaint that someone using its network is in violation of the DMCA (generally by sharing files on a computer that is connected to the MSU Network) we are required by federal law to contact the individual and insure that all activity has been stopped. The complaining party sometimes chooses to file a lawsuit against the individual who was sharing their copyrighted material but in many instances it is simply requested that the offending material be removed from the network.

If MSU receives complaints about a specific individual's computer, that individual may lose their network connection for an extended period of time and could also be suspended from classes or the University.

Information on copyright issues for students of Michigan State University is available at http://help.msu.edu/copyright/students.

Respond to the DMCA complaint you received

CLICK HERE TO RESPOND TO YOUR DMCA COMPLAINT.*

*If your internet connection has been suspended, you can still access this page from your computer. For school purposes you still have full Internet access at any MSU Computer Classroom.

What is a Counter Notice?

If you feel that you are not sharing copyrighted material, that the identity of the material in question has been misidentified, that you are sharing copyrighted material to which you hold a legal claim or are sharing material in a manner legal under the DMCA, then you may file a counter notification in the manner specified by the Digital Millennium Copyright Act of 1998 (DMCA).

Under the provisions of the DMCA, a counter notification must be a written communication provided to the service provider’s (MSU) designated agent that includes the following:

  • Make a statement under penalty of perjury that you have a good faith belief that the material was identified, removed or disabled as a result of a mistake or misidentification of the said material.

  • Provide your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection(c)(1)(C) of the DMCA or an agent of such person.

  • Provide identification of the material that has been identified, removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

  • Your electronic or physical signature.

    Note: Before filing a counter notification with the complainant under the Digital Millennium Copyright Act of 1998 (DMCA), you may wish to consult legal counsel.

When the counter notification has been received per the above, the ISP (Michigan State University) is required to forward the counter notification to the complaining party and restore access to the said material (restore the user's Ethernet connection). The complaining party will then pursue the matter directly with the individual who filed the counter notification.

Sample responses to a complaint

There are three options for responding to a DMCA Violation Complaint. When you log into https://contact.cl.msu.edu/AUP/* and fill out the form, you will be asked to make one of the following selections as your response:

  1. Acknowledge you are no longer sharing files
  2. Indicate you did not realize you were sharing files
  3. File a Counter Notice
*If your internet connection has been suspended, you can still access this page from your computer, or from any MSU Computer Lab.

AU Hotline contact info

For further assistance, contact the MSU AU Hotline at (517) 353-1800.

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Date Last Modified: 11/20/2009 10:59:37 AM

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